Clubs SA members are advised that a case before the Federal Circuit Court has clarified when someone’s final pay must be provided after someone has officially resigned or had their employment terminated. 

Previously the understanding for most employees and industries was that this had to be made within 7 days of their final day. The Registered and Licensed Clubs Award 2020 (Clubs Award) in clause 20.6 also states that any entitlements due under it need to be paid out in this timeframe unless in the rare case where a casual employee is paid at the end of each engagement or shift.  

The case of Jewell v Magnium Australia Pty Ltd [2025] in the Federal Circuit Court however ruled that the National Employment Standards (NES) required any entitlements due under this (e.g. notice payments, annual leave and redundancy pay) to be made by the date of termination. The Court also went on to emphasise that if the payment obligation arises from the NES, it trumps any award clauses that are less generous on timing.   

Due to the above it is strongly recommended that club make final pays on the date of termination, especially where there is any notice, unused annual leave or redundancy pay applicable. Failure to do so can result in a breach of the NES.